I 

112TH CONGRESS 

1ST SESSION H. R. 1604 

To facilitate certain activities, alleviate the extra regulatory burdens, and 

reduce costs related to carrying out projects of the Central Valley Project, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2011 

Mr. DENHAM (for himself, Mr. NUNES, Mr. CARDOZA, Mr. HERGER, and Mr. 

MCCARTHY of California) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the 

Committee on the Judiciary, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL 

To facilitate certain activities, alleviate the extra regulatory 

burdens, and reduce costs related to carrying out projects 

of the Central Valley Project, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. APPLICABILITY OF CERTAIN LAWS. 

4 Submission of a Notice of Determination for a CVP 

5 project or issuance of a permit related to a CVP project 

6 in accordance with the California Environmental Quality 

7 Act shall be deemed to meet the requirements of section 

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1 102(2)(C) of the National Environmental Protection Act 

2 of 1969 (42 U.S.C. 4332(2)(C)) for that project or permit. 

3 SEC. 2. CONTINUATION OF PROJECT. 

4 The Bureau of Reclamation shall not be required to 

5 cease activity on a project of the Central Valley Project 

6 pending completion of a review or legal challenge of a No7 tice of Determination for a CVP project or issuance of 

8 a permit related to a CVP project. 

9 SEC. 3. JUDICIAL PROCEEDINGS. 

10 (a) VENUE.—Notwithstanding section 1391 of title 

11 28, United States Code, or other applicable law, an au12 thorized CVP project conducted under this title shall be 

13 subject to judicial review only in the United States district 

14 court for a district in which the authorized CVP project 

15 is located. 

16 (b) INJUNCTIONS.— 

17 (1) IN GENERAL.—Subject to paragraph (2), 

18 the length of any preliminary injunctive relief and 

19 stays pending appeal covering an authorized CVP 

20 project carried out under this Act shall not exceed 

21 60 days. 

22 (2) RENEWAL.— 

23 (A) IN GENERAL.—A court of competent 

24 jurisdiction may issue one or more renewals of 

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1 any preliminary injunction, or stay pending ap2 peal, granted under paragraph (1). 

3 (B) UPDATES.—In each renewal of an in4 junction in an action, the parties to the action 

5 shall present the court with updated informa6 tion on the status of the authorized CVP 

7 project. 

8 (3) BALANCING OF SHORT- AND LONG-TERM

9 EFFECTS.—As part of its weighing the equities while 

10 considering any request for an injunction that ap11 plies to an agency action under an authorized CVP 

12 project, the court reviewing the project shall balance 

13 the impact to the ecosystem likely affected by the 

14 project of— 

15 (A) the short- and long-term effects of un16 dertaking the agency action; against 

17 (B) the short- and long-term effects of not 

18 undertaking the agency action. 

19 SEC. 4. PROJECT DEFINED. 

20 For the purposes of this Act: 

21 (1) CVP.—The term ‘‘CVP’’ means the Central 

22 Valley Project. 

23 (2) PROJECT.—The term ‘‘project’’— 

24 (A) means an activity that— 

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1 (i) is undertaken by a public agency, 

2 funded by a public agency, or that requires 

3 an issuance of a permit by a public agency; 

4 (ii) has a potential to result in phys5 ical change to the environment; and 

6 (iii) may be subject to several discre7 tionary approvals by governmental agen8 cies; and 

9 (B) may include construction activities, 

10 clearing or grading of land, improvements to 

11 existing structures, and activities or equipment 

12 involving the issuance of a permit. 

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